Orissa High Court
Surath Chandra Mallick vs State Of Odisha And Others. ..... ... on 16 July, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15961 of 2021
Surath Chandra Mallick ..... Petitioner
Mr.Sameer kumar Das,
Advocate
- Versus-
State of Odisha and others. ..... Opposite parties
Mr.R.N.Mishra, AGA.
CORAM:
JUSTICE BISWANATH RATH
ORDER
16.07.2021 Order No. This matter is taken up through video conferencing.
04.
2. The matter was deferred for further argument on the question of maintainability of the writ application. The case was taken up for final hearing almost. This Court through a series of development found there was no scope for non- inclusion of the petitioner in the merit list ultimately prepared by the competent authority. There was in fact no legal impediment in not inclusion of the petitioner in the select list as he has already found to be suitable and was also even brought within the list of successful candidates. Stigma there appears to be not blocking the prospect of the petitioner for there being any no legal impediment inasmuch as stay on the order of the High Court involved in different litigations of the petitioner.
3. Be that as it may, for the writ petition challenge to non-selection of the petitioner in post of I.A.S. cadre, for the opinion of this Court, this Court has no jurisdiction to decide such matter.
4. Accordingly, this Court in withdrawal of the writ petition, permit the petitioner to agitate this matter before the Central Administrative Tribunal. In such event considering the future prospect of the petitioner this Court hope and trust the Central Administrative Tribunal shall take early disposal of such proceeding before it.
5. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No. 4798 dated 15th April, 2021.
(BISWANATH RATH) JUDGE